In the Netherlands, attention is growing to what happens to our digital data after death. Although there is a growing public discussion about this, the rights of deceased persons are still barely regulated by law. Indeed, the General Data Protection Regulation (AVG) explicitly excludes deceased persons from protection. NRC warns that next of kin often have few resources to manage or delete personal online data of their loved ones. Dutch experts stress that it is time to think consciously about our digital legacy.
The AVG provides that personal data of deceased persons is no longer subject to privacy laws. This means that next of kin have little legal recourse to manage or delete a deceased person's social media accounts or e-mail boxes, for example, unless that person has stipulated this in advance in a will or power of attorney. With only a death certificate or probate certificate, access is often still difficult, especially without passwords.
Some platforms, such as Facebook and Google, offer limited options to designate a "trustee," but there is no clear legal regulation. Experts warn that this could lead to identity fraud or emotional strain on relatives if accounts continue to exist online.
Many digital assets - from social media profiles to cryptocurrencies - are covered by international law or the terms of large U.S. tech companies. As a result, national regulations are often difficult to enforce. Although guidelines for digital inheritance are being worked on within the EU, it may be years before there is a unified approach. Until then, next of kin in the Netherlands are largely on their own.
Notaries and privacy experts advise timely consideration of digital legacies. For example, passwords and access codes can be established in a will or through a trustee at the notary's office. There is also growing demand for professional services for data recovery and deletion. In addition, experts call for more education and training for notaries and next of kin to prevent digital identity fraud.
This message is based on an article from NRC of November 4, 2025, in which privacy and law experts warn about the lack of legal protection of digital data after death. They call for more awareness as well as clear European regulations to better protect our digital legacy.
